I had an email from a reader the other day, who had a strange tale to tell.
He has recently moved into a shared house in Manchester. On the day he moved in, his landlord informed him that there were hidden security cameras in the kitchen and in the hallways of the property.
Also the landlord frequently lets himself into the property without notice, and is constantly texting and emailing his tenants. ‘He behaves’ my informant told me “As if he still lives there”.
Is this, he asked, lawful?
Well my view is that no, it certainly is not!
All tenancy agreements contain a clause, called the covenant of quiet enjoyment. It does not mean that the tenants have to be quiet or that they must enjoy themselves. It means that they must be left to live in the property in peace.
In this case my informant has a room in a shared house. Here (unlike the situation where the tenant rents the whole of the property either alone or jointly with other tenants who sign the same tenancy agreement) the landlord is able to come and go to a certain extent in the common parts of the property. For example to carry out repairs, and to show any empty rooms to prospective new tenants.
I am pretty sure however that this does not mean he is entitled to put up security cameras to spy on his tenants! Particularly if they are not told about this until after they have signed the tenancy agreement and moved in.
This sounds to me like harassment, which is a criminal offence under the Protection from Eviction Act. It may also entitle the tenant to an injunction from the court ordering the landlord to cease the harassment and pay the tenant compensation.
Has anyone else known any situations like this?
See more help for tenants on Landlord Law.
I agree. That is wholly inappropriate behaviour.
I heard a while ago about a case of 2 elderely landladies, sisters I believe, who recorded conversations of the students they were renting to. The students twigged and took them to court for harassment. The judge apparently said “We have a case here of landlords recording conversations of the students and listening back to them later on. In this case I am having trouble seperating the punishment from the offence” haha.
The tenant should contact their local TRO to have a word with the landlord and if that fails threaten an injunction. Of course either solution will probably end up in retaliatory eviction.
Where is the problem? The cameras are in the common parts protecting the tenants property.
I do the same thing myself, and sell it to the tenants as an advantage of the property – it’s there for their benefit. Also it’s one of the few capital expenses which is tax deductible – there aren’t many Landlord improvements which the Inland Revenue go that far on!
I find it totally amazing that any Landlord would think it is ok to have cameras monitoring their tenants. Definitely unacceptable behaviour and the sort of thing that gets landlords a bad name.
Dear Tessa,
This is very unusual and you are right illegal.
The only time any of our Clients have done anything remotely like this was by AGREEMENT with ALL the tenants in a block of 5 flats where CCTV monitoring the Communal Hall and front door was installed.
But this was only done because one of the occupants was mentally unstable and there was concern for the other tenants, as all sorts of strange folk were let into the house. Even the tenant causing all the problems was advised in writing that a camera was in place.
In the event the tenant was re housed in secure accommodation and the CTTV camera was removed.
Geoffrey
I have direct experience of this. My landlord is a local authority and they used a next door neighbours house as a cctv monitoring post. Cameras were aimed at my entry points and surveyed the whole of my garden. I thought they belonged to my neighbour and reported the cameras to the L.A’s anti-social behaviour team. I now know why no action was taken: the cameras were the property of the local authority and they were only removed after a year and on the day my solicitor was due to visit me.
my landloard (who i rent land from, and bought the manufactured home that sits on land). has cameras watching the driveway that i also rent. I signed nothing and nothing is on the rental agreement. I have to pay the electricity used for the camera. I don’t know exactly where it is or what it see’s. i live with my daughter, mother and grandmother. Im no dealer. Is this leagal?
This sounds like harassment to me. You could have a word with your Local Authority Housing officer and see if they will write to your landlord about it on that basis.